Moreton Bay Regional Council v. Mekpine Pty Ltd

Lower Court Judgment

2/12/2014 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Holmes JA, Morrison JA)

[2014] QCA 317

Catchwords

Property law – Crown Lands – Where respondent entered into a retail shop lease within the meaning of the Retail Shop Leases Act 1994 (Qld) in respect of Lot 6 on RP 809722 („Lot 6?) – Where the Retail Shopping Centre that Lot 6 was part of expanded to include Lot 1 on RP 847798 („Old Lot 1?) and this Lot was amalgamated by registration of a plan of survey and existing interests under the Land Title Act 1994 (Qld) to create a new Lot 1 – Where applicant resumed part of the new Lot 1 under the provision of the Acquisition of Land Act 1967 (Qld) – Where respondent brought a claim for compensation pursuant to the ALA on the basis that, at the date of resumption, respondent had an interest in the resumed land for the purposes of section 12(5) of the ALA – Whether the creation of a new lot has the effect of varying a lease over just one of the existing allotments – Whether the provisions of the Retail Shop Leases Act which include a definition of “common areas” of a retail shopping centre, operate to vary a retail shop lease to include areas defined by the Retail Shop Leases Act as “common areas” or otherwise create an interest in the “common areas” defined by the Retail Shop Leases Act.

Short Particulars